BN & HH v KT & BB [2023] NZDT 402 (23 August 2023) [pdf, 228 KB]
...needs replacing. The applicants rely upon Clause 7.3(1) of the standard agreement, that the fireplace is a fixture and provides heating and should be in “reasonable working order”. 3. The issues to be resolved are: (a) Is the fireplace a service or amenity? (b) If so, can the respondents rely on “due diligence”. (c) Was the condition of the fireplace in breach of the warranties? (d) If so, what is the remedy? Is the fireplace a service or amenity? 4. The res...